Court of Appeal overturns High Court ruling on HSE obligations around reporting child abuse

The National Counselling Service believed, under previous policy, it was very likely vulnerable clients would no longer avail of counselling if they were told any disclosure of childhood abuse must be reported to Tusla

The Appeal Court’s interpretation contradicts a HSE policy that requires its therapists and other mandated workers to report an adult’s disclosure of historic child abuse to Tusla, the child and family agency. File picture

Child protection legislation does not require Health Service Executive (HSE) therapists and other mandated people to report to Tusla when an adult discloses historic child abuse, provided there is no reasonable suspicion that a child is at risk, the Court of Appeal has ruled.

Mr Justice Donald Binchy held on Friday that the High Court fell into error in concluding that mandated workers were required to do so by section 14(1)(a) of the 2015 Children First Act.